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Co-Worker Told Other Workers I Am Racist

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  • 10-27-2010, 08:33 PM
    msshrink
    Co-Worker Told Other Workers I Am Racist
    My question involves defamation in the state of: CT

    I have had a rather tense working relationship with a black, male co-worker for about the past year. We got along fine at first until I needed to constantly bug him to meet a deadline and he kept "not getting around to" doing what needed to be done. When I confronted him about this (over a year ago), I did my best to be professional, ask if I wasn't being clear when I stated the deadline to him and was I somehow not communicating myself well to him. His blank icy stare told me he did not appreciate being told what to do and, the day of the deadline, he finally handed me what I needed.

    Since that time, we have been civil with one another but, any time I am the supervisor of the day and we need to be in that uneven relationship (where I am technically "over" him), I have sensed that same cold irritation with me that I just tried to work around.

    About a month ago, another associate approached me and wanted to give me a heads up that this co-worker had come to her and one other worker and said that I was using "racist language". They both told him in no uncertain terms they had never heard me use any such inappropriate language or be disrespectful to anyone of color or other minority group. When I was told this, my reaction was actually pretty calm, especially because my other worker friends had let this guy know they did not support his opinion of me. I also felt strongly that if he a serious issue with me, he needed to come to me directly and not take the coward's way out by calling me names behind my back.

    Just a few days ago, things went full circle. I learned that, indeed a complaint had been filed against me for using "racist language". When I met with HR and another department director, I handled myself professionally, did not get defensive or accusatory, but I DID let them know that this co-worker had already outed me as a racist to TWO co-workers (none of which is true) and my expectation was that, if he a real problem with me, he would confront me in the same professional way I confronted him last year when I had an issue with him. Wrong. He did an end run and went to people above me, many of whom I have worked with for nearly ten years who know I am not comfortable with any kind of discrimination nor would I engage in it myself.

    My question is: because he made this claims about my own character to my co-workers (calling me a racist) before he ever made a racial discrimination complaint against me, isn't he guilty of slandering me? I feel like I actually have more on him than he will ever have on me and that this whole thing will backfire, but am eager to know what others think.

    Thank you.
  • 10-28-2010, 08:19 AM
    cbg
    Re: Co-Worker Told Other Workers I Am Racist
    Have you suffered any actual damages as a result of his claims? Were you fired? Demoted? Given a pay decrease? Disciplined?
  • 10-28-2010, 12:42 PM
    msshrink
    Re: Co-Worker Told Other Workers I Am Racist
    Yes, he went forward with a racial bias complaint to HR this week which led to my being called in to "explain myself". The reports he gave that allegedly make me racist were ones that he embellished greatly and added outright lies to which I of course stated on the record. I also stated that, before his official complaint to the agency was filed, he had called me a racist to several of my co-workers, apparently testing the waters to see if they might back him (they did not). Now, next week, I am expected to sit before a mediator, my supevisor (who is also getting lots of heat for supposedly allowing a "hostile working environment") and this man of color who is making these claims.
  • 10-28-2010, 12:46 PM
    cbg
    Re: Co-Worker Told Other Workers I Am Racist
    Okay, let's try again.

    After being called in to "explain yourself", what action did HR take? Were you disciplined? Demoted? Fired? Given a pay decrease?

    Other than being required to sit in this meeting next week, which, btw, is HR's attempt to get everyone to play nicely in the sandbox together and not a 'get msshrink' action, what are your ongoing damages?
  • 10-31-2010, 08:03 AM
    msshrink
    Re: Co-Worker Told Other Workers I Am Racist
    No actual "damages" yet to report, only the humiliation of going through such an investigation and emotional stress of the past week. Our HR person is quite inappropriate and inexperienced and I feel is showing bias towards the complainant. Has asked me if I am my supervisor's "pet" (the complainant and I have the same one) and has also asked me to name anyone else who does get along with this man which is preposterous. I am not pulling anyone else into this. Thank you for your time and input.

    Quote:

    Quoting cbg
    View Post
    Okay, let's try again.

    After being called in to "explain yourself", what action did HR take? Were you disciplined? Demoted? Fired? Given a pay decrease?

    Other than being required to sit in this meeting next week, which, btw, is HR's attempt to get everyone to play nicely in the sandbox together and not a 'get msshrink' action, what are your ongoing damages?

  • 10-31-2010, 09:54 AM
    LawResearcherMissy
    Re: Co-Worker Told Other Workers I Am Racist
    Quote:

    No actual "damages" yet to report, only the humiliation of going through such an investigation and emotional stress of the past week.
    If there are no damages, there's no grounds for suit.

    Even if there WERE grounds for suit, are you certain you could afford to bring forth an action? And if you prevailed, do you think you'd actually be able to collect the damages?

    Cooperate with HR. Don't be stubborn, don't withold information. If you're asked a question, answer it honestly. Failure to do so could cost you your job, and you wouldn't have grounds for a wrongful termination suit, either.
  • 10-31-2010, 10:32 AM
    cbg
    Re: Co-Worker Told Other Workers I Am Racist
    No damages, no case.
  • 10-31-2010, 10:44 AM
    davidmcbeth3
    Re: Co-Worker Told Other Workers I Am Racist
    Interesting, does the OP think that the statements made to HR could be considered as a hate crime accusation? Then he would not have to prove damages at all since most of these crimes are felonies. I would suggest the OP get a copy of his personnel file & trot on down to an attny to review the documents.
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